Mwangi v Chege & 3 others (Civil Appeal 116 of 2015) [2020] KECA 957 (KLR) (30 December 2020) (Ruling)
- Court
- Court of Appeal
- Case number
- 957
- Citation
- [2020] KECA 957 (KLR)
- Decided
- 30 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to be enjoined as an interested party in an appealCoramJ. Mohammed JA
Holding
The Court has the power to entertain the application and may allow the joinder of a party to proceedings.
Facts
In 1964, 18 persons purchased a farm, and the deceased, Appollos Mwangi Muna, agreed to cede 6 acres to him for cultivation and use the proceeds to service a loan. The property was registered in the names of the 2nd and 3rd respondents.
Issues
- Whether the applicant has a valid claim to be joined as an interested party in the appeal.
- Whether the estate of the deceased should have been served as an affected party.
Reasoning
The Court ruled that the estate of the deceased was an affected party and that the executors of the deceased's will should have been served.
Outcome
The application for leave to be enjoined as an interested party in the appeal is granted.
Authorities cited
Cases cited (5)
- Attorney General vs Kenya Bureau of Standards & another [2018] eKLR
- Central Kenya Limited v Trust Bank Limited & 5 others [2000] eKLR
- Francis Karioko Muruatetu & another v Republic & 5 others [2016] eKLR
- Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2014] eKLR
- Hamisi Yawa & 36,000 others v Tsangwa Ngala Chome & 19 others [2018] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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